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Volume 28 Number 4, Fall 2007

Robert M. Snyder and Associates to Join SEK&Co Effective January 1, 2008

The accounting and consulting firms of Smith Elliott Kearns & Company, LLC and Robert M. Snyder and Associates, Certified Public Accountants, will merge their firms on January 1, 2008, SEK&Co member Scot E. Orndorff, CPA and Robert M. Snyder, CPA, announced recently.

We are very excited to welcome Bob, Demaree and their staff to SEK&Co," Orndorff said. "They bring over 30 years of experience with specialties in tax and small business consulting to our firm, as well as a commitment to providing superior client service to clients in the Chambersburg and surrounding areas," Orndorff added.

"Joining Smith Elliott Kearns & Company will provide our clients with a continuation of what they have always expected – professional accounting and consulting advice based on their individual needs. In addition, they will have access to a broader base of expertise in the traditional services of auditing, accounting, and taxes," said Snyder.

Snyder founded Robert M. Snyder and Associates in 1976 and quickly established it as a firm known for expertise in the tax and business consulting fields. Robert Snyder, CPA, Demaree Deardorff, CPA, Todd Bard, CPA, and Roxanne Crist will join SEK&Co and begin working in the firm’s Chambersburg office at 804 Wayne Avenue on January 1, 2008.

Smith Elliott Kearns & Company, LLC began in 1963 and grew rapidly by providing quality service to businesses and individuals in the Shenandoah and Cumberland Valleys. SEK&Co is a regional certified public accounting firm with offices in Chambersburg, Carlisle, and Hanover, Pennsylvania and Hagerstown, Maryland. The management and direction of Smith Elliott Kearns & Company, LLC firmly rests with the 19 members who locally provide leadership and service in each practice area.

Smith Elliott Kearns & Company professionals are recognized for their expertise in the traditional accounting, auditing and tax functions. They have also established a reputation in more specialized areas such as business valuations, employee benefit planning and administration, estate planning and administration, and small business consulting. Their professionals provide industry-specific services to local governments, nonprofit organizations, financial institutions, and healthcare professionals.

The combined firm will employ over 125 members and professional staff and will operate under the name of Smith Elliott Kearns & Company, LLC.

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Final Regulations for Annuities

July 26, 2007, the Department of Treasury and IRS issued long anticipated final regulations for tax sheltered annuity arrangements under Code section 403(b). 403(b) plans are tax deferred retirement savings accounts for employees of public schools and 501(c)(3) tax exempt organizations. While there are still some differences in the tax rules applied to 403(b) plans, the new regulations bring 403(b) plan compliance requirements more in line with retirement plans offering similar tax benefits, such as 401(k) plans.

These final regulations are generally applicable to taxable years beginning after December 31, 2008. Here are some highlights of the new legislation.

Written Plan Document Required. The final regulations require a written plan document. The document applies to both ERISA and non-ERISA plans and should include all of the provisions regarding eligibility, benefits, applicable limits, etc. The plan will also include the allocation of responsibilities among: the employer; the organization(s) issuing the annuity contract and/or performing administrative, investment, and other services for the plan; and the participating employees.

Universal Availability. Although generally, all employees must be given the opportunity to make certain deferrals to a 403(b) plan, certain classes of employees can be excluded:

d nonresident aliens;

d students performing services under a work-study program;

d employees whose normal work week is less than 20 hours; and

d employees eligible to defer to another 403(b), 401(k) or 457(b) plan of the same employer.

Nondiscrimination Rules. Under the final regulations, employer contributions and after-tax employee contributions must satisfy certain requirements that prohibit discrimination in favor of highly compensated employees. The rules are similar to those applicable to tax-qualified plans.

Controlled Group Rules. Two or more tax-exempt entities will be treated as a single employer for purposes of certain plan limits and administrative requirements if at least 80% of the trustees or directors of one organization are representatives of - or directly or indirectly controlled by - the other organization.

Catch-up Contributions. 403(b) plans of certain qualified organizations (including educational institutions, churches, and hospitals, as well as certain health and welfare agencies) may allow employees to make special catch-up contributions. The special contribution is for participants with at least 15 years of service, but a complicated formula must be followed. The IRS also allows for a catch-up contribution for participants age 50 or older.

Post-severance Contributions. An employer may make nonelective 403(b) contributions on behalf of a former employee for up to five years after employment ends. This rule allows employers to make severance payments through a 403(b) plan, thereby avoiding the FICA taxes normally applied to cash severance payments; however these contributions are subject to the nondiscrimination rules discussed earlier.

Plan Termination. An employer may now terminate its 403(b) plan, providing they have not set up a successor 403(b) plan within 12 months after the distribution of plan assets. Following a termination, the plan sponsor must distribute all benefits to participants within a reasonable time period.

Complying with the new rules will require some changes on the part of employers, some of which will be complex. This article only touches on the highlights of the new 403(b) regulations. There are additional provisions that may affect your organization’s plan. We are available to assist you with the implementation of the new regulations in relation to your plan, just give us a call.

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Attention Nonprofit Organizations!

Beginning in 2008, small tax-exempt organizations that previously were not required to file an information return may be required to file an annual electronic notice, Form 990-N (e-Postcard) with the IRS. This new filing requirement comes from the enactment of the Pension Protection Act of 2006 (PPA) and applies to tax periods beginning after December 31, 2006.

you are a tax-exempt organization that normally has annual gross receipts of $25,000 or less and does not have to file Form 990 or 990-EZ, you must file the e-Postcard annually. The electronic notice is due by the 15th day of the fifth month after the close of the tax period.

The notice will require the organization to provide the following information:

d Organization’s legal name,

d Any other names the organization uses,

d Organization’s mailing address,

d Organization’s website address (if applicable),

d Organization’s employer identification number (EIN),

d Name and address of a principal officer of the organization,

d Organization’s annual tax period,

d Verification that the organization’s annual gross receipts are still normally $25,000 or less, and

d Indicate if the organization has terminated operations.

Organizations that do not file the e-Postcard, or information return Form 990 or Form 990-EZ for three consecutive years, may have their tax-exempt status revoked as of the filing due date of the third year.

The IRS, through its e-Postcard initiative, is developing an electronic filing system (there will be no paper form) for the e-Postcard and will be publicizing filing procedures when the system is completed and ready for use. For the latest information regarding the filing system, you can visit the IRS website at www.irs.gov/eo.us

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Sweeping Changes to Maryland Tax Laws

As a result of a special legislative session called by Maryland Governor Martin O’Malley, the Tax Reform Act of 2007 was signed into law on November 19, 2007. This new tax legislation contains numerous changes to Maryland tax law. The following are some of the highlights:

1. Effective January 3, 2008, the sales and use tax rate changes from 5% to 6%.

2. Taxable services have been revised under the sales and use tax law effective July 1, 2008, to add the phrase "computer services," which include:

- computer facilities management and operation

- custom computer programming

- computer system planning and design that integrates computer hardware, software and communication technologies

- computer disaster recovery

- data processing, storage and recovery

- hardware or software installation, maintenance and repair

Computer services do not include internet access, typing or data entry on word processing equipment, computer training, and certain other limited services.

3. Effective January 3, 2008, the credit available to vendors who collect and remit sales and use tax in a timely manner may not exceed $500 for each return.

4. For tax years beginning after December 31, 2007, the corporate income tax rate increases from 7% to 8.25%.

5. Starting January 1, 2008, the individual state income tax rates will increase as a result of three new income tax brackets. The current state income tax rate is 4.75%. The new brackets will increase the rate to as high as 5.50%, based on the following:

- a 5.00% rate will apply to individuals with taxable income of $150,001 to $300,000, and to couples with taxable income of $200,001 to $350,000.

- a 5.25% rate will apply to individuals with taxable income of $300,001 to $500,000, and to couples with a taxable income of $350,001 to $500,000.

- a 5.50% rate will apply to anyone with taxable income over $500,000.

As the new tax law contains other provisions too numerous to list here, please do not hesitate to contact our office if you have any questions or concerns. We will be glad to discuss how the new tax law will impact you.

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Help Us Serve You Better

We appreciate your business and the confidence you place in our firm. We are continually striving not only to exceed your current expectations, but also to be proactive in response to your future service needs. We believe you can provide us with the most pertinent perspective on how we are meeting your expectations and the quality of our service.

We invite you to take 5 minutes to complete our client survey on our website at www.sek.com to tell us how we’re doing. Your input and comments are very important to us and will assist us in responding to your current and future needs.

An important note. This survey is by no means the only way you can provide feedback. You can call or e-mail our staff at any time with questions, comments, or concerns. By staying in close contact, we can further our understanding of your needs and continue to assist you in meeting them.

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Tax Burden Higher on Upper Incomers

Upper-incomers are bearing even more of the income tax load, the highest burden since the 1986 Tax Reform Act passed, the IRS says. It just analyzed data from 2005 returns, the most recent year available.

The top 1% of filers paid 39.4% of all income taxes, up from 36.9% the year before. Yet they had just 21% of total adjusted gross income. The minimum AGI needed to be in the top 1% rose to a new high - $364,000.

The top 5% paid 59.7% of total income tax and made 36% of all AGI. They each had incomes of $145,300 or more. And the top 10% of all filers, those with AGIs of at least $103,900, bore 70% of the income tax burden while tallying a little more than 46% of total adjusted gross income.

The bottom 50% of filers paid just 3.!% of total income tax. Their share is so low because payroll taxes aren't included in the figures and because many of them receive tax relief from the earned income credi

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The Better Way

Several years ago, Hi Bracket retired to the south to enjoy his golden years. He felt financially secure in his retirement since he had rolled all of his retirement funds into an IRA and invested very conservatively. However, as time passed, his fixed income started to lose ground with his life style. So, every little bit would help.

Since most of Hi's income was IRA withdrawals and Social Security (85% taxable at his level) he found himself in a position to make quarterly estimated tax payments. Guess what! To get the money for the quarterly payments, he had to withdraw it from his IRA which raised his income, increased his tax and reduced the amount he had earning tax deferred income. Doesn't seem fair, does it?

The Better Way would be to not make quarterly estimated payments and leave the tax money on deposit earning income. To cover taxes, calculate the amount owed on his total annual income (including his tax liability), make a single withdrawal late in the year for taxes but have it all withheld by the IRA custodian and paid in to the government.

Withholding is considered to have been paid evenly during the year for estimated penalty calculation purposes, so quarterly payments are not necessary. This approach may have some pitfalls if there is significant non IRA income being counted - but - every little bit helps.

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Employers Need Revised Form I-9

On November 7, 2007, the United States and Citizenship Service released a revised Form I-9, Employment Eligibility Verification. It is a federal requirement that US employers complete an I-9 form for all employees within the first three days of employment, and retain the form for one year after termination of employment or three years, whichever is longer.

This revision seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

The revised list of acceptable documents applies to both initial hires and reverification of existing employees. Employers are not required to complete the new Form I-9 for existing employees unless and until the employees are subject to reverification.

The new I-9 Form states that employers should use the new I-9 Form starting immediately although employers will be afforded a period of time to transition to the new form. The Department of Homeland Security will not apply fines and penalties for use of a prior edition of the Form I-9 until 30 days after notice is published in the Federal Register.

A PDF copy of the form is available on our website at www.sek.com. Look for Human Resources Consulting under the Services tab.

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